At What Age Can a Child Choose Which Parent to Live With in British Columbia?

Many parents and teenagers assume that once a child reaches a certain age, the child gets to pick. In British Columbia it does not work that way, though a young person's wishes still matter.

This article explains how a child's views are treated, what else the court weighs, and how those views can reach a judge.

This article covers the law of British Columbia.

There is no magic age

The Act sets no age at which a child chooses. The child's views are one factor, considered unless inappropriate, and weighed with the other factors and the child's best interests.

In practice, the weight given to a child's views depends on the circumstances. The Family Law Act sets no age at which a child chooses, so the child's views are one factor, considered unless it would be inappropriate, and weighed with the other factors and the child's best interests.

What the court weighs alongside the child's views

In making an agreement or order about guardianship, parenting arrangements or contact, the parties and the court must consider the best interests of the child only. Government guidance describes this as a legal test of what best protects a child's physical, psychological and emotional safety.

The factors the Act lists include:

• The child's health and emotional well-being.
• The child's views, unless it would be inappropriate to consider them.
• The nature and strength of the child's relationships with significant people.
• The history of the child's care, and the child's need for stability.
• Each guardian's ability to exercise their responsibilities.
• Whether cooperation between guardians is appropriate.

An agreement or order is not in the child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being.

Family violence and a parent's conduct

The factors also include the impact of family violence on the child's safety, security or well-being, and whether the person responsible can care for the child. Family violence includes physical and sexual abuse, psychological or emotional abuse such as threats, harassment or coercion, and a child's direct or indirect exposure to it.

A court may consider a person's conduct only if it substantially affects one of the listed factors, and only to the extent of that effect.

How a child's views reach the court

There are several routes, and none is automatic:

• A court may appoint a family justice counsellor, social worker or other approved person to assess the child's needs, the child's views, or a party's ability and willingness to meet the child's needs. The report goes to the court and, unless the court orders otherwise, to each party, and fees may be allocated to a party.
• A views of the child report conveys what the child says, for example by transcribing or summarizing it, without recommendations on the family law issues.
• A court may appoint a lawyer for the child if the conflict between the parties significantly impairs their capacity to act in the child's best interests and the appointment is necessary to protect those interests.
• A court may admit reliable hearsay evidence from an absent child or give other directions about how the child's evidence is received.

Costs and availability vary, so ask a lawyer which option, if any, suits your case.

What to do next

• Talk to the child calmly and listen, without asking them to choose between you.
• Keep a record of the child's routines, school and activities.
• Try to agree on a schedule with the other guardian, which can include what the child wants.
• If you cannot agree, get legal advice about how the child's views might be presented.
• Remember that a parenting order can be changed if the child's needs or circumstances change.

Frequently asked questions